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Legal Definitions - equal protection

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Definition of equal protection

Equal Protection refers to the idea that a government cannot deny people equal protection of its laws. This means that the government must treat everyone in the same way, regardless of their race, gender, religion, or other personal characteristics.

For example, if a state passes a law that only allows men to vote, this would be a violation of equal protection because it discriminates against women. Similarly, if a city only provides public transportation to certain neighborhoods, this would also be a violation of equal protection because it discriminates against people who live in other areas.

The U.S. Constitution requires both the federal government and state governments to practice equal protection. The Fifth Amendment's Due Process Clause requires the federal government to do so, while the Fourteenth Amendment's Equal Protection Clause requires states to do so.

When someone believes that a government has violated their equal rights, they can bring a lawsuit against that government for relief. The court will scrutinize the government's action to determine whether it is permissible. There are three levels of scrutiny: strict scrutiny, intermediate scrutiny, and rational basis scrutiny. The court will determine which level of scrutiny to use based on legal precedent.

Overall, equal protection is crucial to protecting civil rights and ensuring that everyone is treated fairly under the law.

If we desire respect for the law, we must first make the law respectable.

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Simple Definition

Equal protection means that the government cannot treat people differently based on things that don't matter. The government can only treat people differently if there is a good reason for it. If someone thinks the government treated them unfairly, they can sue the government. The court will decide if the government had a good reason for treating them differently. There are three ways the court can decide this, depending on the situation. Equal protection is important to make sure everyone's rights are protected.

It's every lawyer's dream to help shape the law, not just react to it.

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Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.

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